FBI seals off Upland City Hall, hauls away boxes from mayor's house

UPLAND - A team of FBI investigators and IRS officials sealed off City Hall and confiscated boxes of unknown items from Mayor J.P. Pomierski's home on Thursday, in a probe apparently linked to a Central Avenue sports bar that was shuttered by the City Council in 2009.

For several hours in the morning, more than 20 FBI investigators hauled away a dozen boxes of evidence from Pomierski's home on Westridge Court, which also serves as an office for his construction business.

At City Hall, the city manager and other employees remained inside the Council Chambers while more than 40 investigators conducted their probe for more than nine hours. Some investigators left the building at 5 p.m. and others were leaving at 6:45 p.m., taking with them about 20 cardboard boxes.

Lourdes Arocho, spokeswoman for the FBI, said investigators served four search warrants at multiple locations including City Hall, Pomierski's home and two other businesses that she would not disclose.

"These warrants are sealed by the court, by a federal judge," Arocho said. "We can't comment on the nature of the investigation."

Councilman Ray Musser said investigators are looking for documents related to Chronic Cantina, a closed restaurant on Central Avenue, and other documents that date back six years.

Robert Schauer, an attorney representing Pomierski and a city planning commissioner, said the multiple raids were a "witch hunt" against the mayor.

"We are dismayed as to what happened today. Shocked," Schauer said. "Somebody must be claiming that the mayor improperly received money for projects in the city. Based on everything I have seen and learned ... there's absolutely no substance or basis of any wrongdoing on behalf of the mayor."

Schauer said based on the search warrant, investigators are looking for files related to Chronic Cantina but he said he was not sure of all the details.

"The FBI signs an affidavit and it's sealed," Schauer said. "The citizen doesn't get to know what Big Brother wants to know."

In April 2009, the City Council on a unanimous vote revoked Chronic Cantina's conditional use permit, citing incidents of attempted murders, carjackings, assaults and other crimes associated with the business.

Recently, the Planning Department received an application from Chronic Cantina owners to open another similar business in the same location under a different name and with different operating personnel. The item was originally scheduled to be on the Planning Commission agenda last month but was postponed.

Pomierski spoke to FBI investigators briefly in front of his home but drove away when approached by a reporter. He did not return calls made to his home seeking comment.

Schauer said investigators took away files related to Pomierski's construction company and Pomierski's cell phone.

Council members received little information about the raids because calls to City Hall could not go through and people were not allowed entrance. Musser was denied entry to City Hall in the morning.

Employees within City Hall gathered in the Council Chambers and left throughout the day. In the afternoon, City Clerk Stephanie Mendenhall left City Hall with several investigators.

Councilman Ken Willis said he is calling a special session of the City Council to find out what exactly took place during the raids. Willis said he wants the city manager and city attorney to follow up with investigators.

"Right now, I believe the mayor is innocent of any wrongdoing and may be the victim," Willis said.

Musser, who has clashed politically with Pomierski and has run against him for mayor, said he was dismayed that the investigation has put the city in a negative light.

"I feel extremely sad," Musser said. "If one member of the council is found guilty, it has a way of tainting other council people. It has a way of tainting the staff."

When asked if he believed Pomierski is guilty of any wrongdoing, Musser said, "I don't know the answer to that. That will only be told through the due process. They're going through his records and business dealings to see if he's guilty."